1. Federal and state Agencies
Nevada Division of Environmental Protection (NDEP), in coordination with the U.S. Department of the Interior Bureau of Land Management, issued the required air (Class II Air Pollution Control), water (Water Pollution Control), and mining (Mining Reclamation) permits on Feb. 25, 2022.
NDEP required a renewal for both the air and water permit every 5 years. In addition, NDEP approved only above-water-table mining activities.
NDEP spent several months engaging with the Orovada community and the Fort McDermitt Paiute & Shoshone Tribes before issuing permits. Community meetings and public hearings took place on April 22, June 24, and November 18 in 2021.
ndep.nv.gov ›
2. Indigenous Communities and Environmental Organizations
The Orovada community and the Fort McDermitt Paiute & Shoshone Tribes live immediately south-east and north-east to the mining site. Thacker Pass Concerned Citizens Group, Protect Thacker Pass, National Congress of American Indians, and other NGOs joined local communities and Tribes in an effort to stop or stall the mining operation.
The fast permitting process under the Trump Administration, less than one year after submitting the Environmental Impact Statement (EIS) required by the federal National Environmental Policy Act (NEPA), provoked the formation of Protect Thacker Pass (PTP) on January 15, 2021. PTP partnered with local communities, Tribes, and other NGOs and filed numerous lawsuits against the Bureau of Land Management based on the Endangered Species Act, NEPA, Federal Land Policy Management Act, and National Historic Preservation Act. The judge ordered the Bureau of Land Management to “review certain aspects of permitting” rather than stopping the Thacker Pass project, so local communities, Tribes, and NGOs appealed. Many lawsuits were still at the early stage of appeal as of June 27, 2023.
ceq.doe.gov ›
protectthackerpass.org ›
3. Extraction Companies and Lithium Users
Lithium Americas and its regional division Lithium Nevada recognized Thacker Pass as “the largest known measured & indicated” lithium resource in the U.S.. They decided to use a 2–phase approach for lithium extrations: begin preparatory construction in March 2023 and initiate Phase 1 extraction in June 2026. General Motors would have 10 years of exclusive rights to Phase 1 products. Lithium Americas claimed the following commitments: provide scholarships/heavy equipment operator training/cultural monitor training for Tribe members, hire Fort McDermitt Paiute & Shoshone Tribe members first, and fully fund new K-8 school construction in Orovada. Lithium Americas further claimed the following engagement with indigenous communities: signed a Community Benefits Agreement in October 2022 and found no areas of archaeological significance with oversight and assistance from Tribe members.
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lithiumamericas.com ›
gm.com ›
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lithiumamericas.com ›
lithiumamericas.com ›
4. Stakeholders Behind relevant policies
The Biden administration made the Inflation Reduction Act (IRA) into law on August 16, 2022. The IRA Guidebook has a dedicated section discussing the deployment of clean vehicles starting on page 46. The IRA invested over $7 billion in securing the supply of critical minerals, such as lithium, for clean vehicle batteries. In addition, the Biden administration coordinated with federal agencies such as Department of Energy and launched the American Battery Materials Initiative in October 2022 based on the Bipartisan Infrastructure Law. The initiative aimed to “ensure the concerns of Tribes and local communities are heard and addressed earlier in the planning process”.
whitehouse.gov ›
whitehouse.gov ›
whitehouse.gov ›